JUDGMENT

C. Hari Shankar, J. - Ia 7615/2021 in CS (COMM) 463/2020

1. This application, by the defendant under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 (CPC), seeks vacation/modification of the ex-parte ad interim order, dated 21st October, 2020 passed by this Court in the present proceedings.

The controversy in issue and order dated 21st October, 2020

The Plaint

2. Plaintiff No. 1 - Merck Sharp and Dohme Corporation (who would, for the sake of convenience, be referred to, hereinafter, as "the plaintiff") has, by the present suit, sought injunction against infringement, by the defendant, of the plaintiff's Indian Patent No. 209816 ("IN'816", in short), whereby the plaintiff's invention, Sitagliptin, an anti-diabetic drug, stands patented.

3. The date of filing of the international application under the Patent Cooperation Treaty (PCT), for Sitagliptin, by the plaintiff, was 5th July, 2002. By operation of the explanation to Section 53(1) [1]of the Patents Act, 1970 ("the Patents Act"), therefore, the patent would expire on 5th July, 2022.

4. The plaint alleges that the d